The UCL Practitioner
Thursday, October 28, 2004
Tobacco preemption decision published
Yesterday, the Court of Appeal ordered publication of In re Tobacco Cases II, ___ Cal.App.4th ___ (Oct. 6, 2004). As I reported here, that decision held that the Federal Cigarette Labeling and Advertising Act (15 U.S.C. §§ 1331 et seq.) preempted plaintiffs' UCL claim, which asserted that defendants improperly marketed their tobacco products to minors. The UCL claim had been certified for class treatment. The Daily Journal covered this decision when it was originally issued, even though it was unpublished, and I'm not surprised to see it ordered published now.
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